By: Hegar, Patrick S.B. No. 1298
(In the Senate - Filed March 7, 2013; March 13, 2013, read
first time and referred to Committee on Education; April 15, 2013,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 5, Nays 3; April 15, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1298 By: Duncan
A BILL TO BE ENTITLED
AN ACT
relating to the provision of electronic courses in public schools,
the state virtual school network, and school district digital
capabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (b), (c), and (d), Section 26.0031,
Education Code, are amended to read as follows:
(b) A school district or open-enrollment charter school in
which a student is enrolled as a full-time student may not
[unreasonably] deny the request of a parent of a student to enroll
the student in an electronic course offered through the state
virtual school network under Chapter 30A.
(c) Notwithstanding [For purposes of] Subsection (b), a
school district or open-enrollment charter school may deny [is not
considered to have unreasonably denied] a request to enroll a
student in an electronic course if:
(1) the district or school can demonstrate that the
course does not meet state standards or standards of the district or
school that are of equivalent rigor as the district's or school's
standards for the same course provided in a traditional classroom
setting; or
(2) [a student attempts to enroll in a course load
that:
[(A) is inconsistent with the student's high
school graduation plan; or
[(B) could reasonably be expected to negatively
affect the student's performance on an assessment instrument
administered under Section 39.023; or
[(3)] the student requests permission to enroll in an
electronic course at a time that is not consistent with the
enrollment period established by the school district or
open-enrollment charter school providing the course.
(d) Notwithstanding Subsection (c) [(c)(3)], a school
district or open-enrollment charter school that provides an
electronic course through the state virtual school network under
Chapter 30A shall make all reasonable efforts to accommodate the
enrollment of a student in the course under special circumstances.
SECTION 2. Section 30A.001, Education Code, is amended by
adding Subdivision (3-a) and amending Subdivisions (7) and (8) to
read as follows:
(3-a) "Electronic catalogue course" means an
electronic course offered by an electronic catalogue course
provider through the state virtual school network to students
enrolled in a school district or open-enrollment charter school.
(7) "Electronic catalogue course provider" ["Provider
school district or school"] means:
(A) a school district or open-enrollment charter
school that provides an electronic course through the state virtual
school network to:
(i) students enrolled in that district or
school; or
(ii) students enrolled in another school
district or school; [or]
(B) a public or private institution of higher
education, nonprofit entity, or private entity that provides a
course through the state virtual school network;
(C) an entity that provides an electronic
professional development course through the state virtual school
network; or
(D) a school district or open-enrollment charter
school that provides a full-time virtual instruction program
through the state virtual school network.
(8) "Public or private institution of higher
education" means[:
[(A)] an institution of higher education, as
defined by 20 U.S.C. Section 1001 [Section 61.003; or
[(B) a private or independent institution of
higher education, as defined by Section 61.003].
SECTION 3. Subsection (c), Section 30A.002, Education Code,
is amended to read as follows:
(c) Notwithstanding Subsection (a)(3) [or (b)], a student
is eligible to enroll in one or more courses [provided through the
state virtual school network] or enroll full-time in courses
[provided through the network] if the student:
(1) is a dependent of a member of the United States
military;
(2) was previously enrolled in high school in this
state; and
(3) does not reside in this state due to a military
deployment or transfer.
SECTION 4. Section 30A.003, Education Code, is amended to
read as follows:
Sec. 30A.003. PROVISION OF COMPUTER EQUIPMENT OR INTERNET
SERVICE. This chapter does not:
(1) require a school district, an open-enrollment
charter school, an electronic catalogue course [a] provider [school
district or school], or the state to provide a student with home
computer equipment or Internet access for a course provided through
the state virtual school network; or
(2) prohibit a school district or open-enrollment
charter school from providing a student with home computer
equipment or Internet access for a course provided through the
state virtual school network.
SECTION 5. Section 30A.007, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A school district or open-enrollment charter school
shall adopt and send to students' parents twice per year a written
policy that provides district or school students in grade 3 through
grade 12 with the opportunity to enroll part-time or full-time in
electronic courses provided by electronic course providers,
including electronic catalogue courses provided through the state
virtual school network.
(a-1) The policy adopted under Subsection (a) must be
consistent with the requirements imposed by Section 26.0031.
SECTION 6. Subsection (a), Section 30A.056, Education Code,
is amended to read as follows:
(a) Each contract between an electronic catalogue course
provider [a school district, an open-enrollment charter school, or
a public or private institution of higher education] and the
administering authority must:
(1) provide that the administering authority may
cancel the contract without penalty if legislative authorization
for the provider [district, school, or institution] to offer an
electronic course through the state virtual school network is
revoked; and
(2) be submitted to the commissioner.
SECTION 7. The heading to Section 30A.101, Education Code,
is amended to read as follows:
Sec. 30A.101. ELIGIBILITY TO ACT AS ELECTRONIC CATALOGUE
COURSE PROVIDER [SCHOOL DISTRICT OR SCHOOL].
SECTION 8. Section 30A.101, Education Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) A school district or open-enrollment charter school is
eligible to act as an electronic catalogue course [a] provider
[school district] under this chapter only if the district is rated
acceptable or higher under Section 39.054.
(c) An entity other than a school district or
open-enrollment charter school is eligible to act as an electronic
catalogue course provider under this chapter only if the entity:
(1) complies with all applicable federal and state
antidiscrimination laws;
(2) provides evidence of prior, successful experience
offering online courses to elementary, middle, or high school
students as determined by the commissioner; and
(3) can demonstrate that the entity is financially
solvent.
(d) An open-enrollment charter school may not offer a
full-time electronic course program unless the charter
establishing the school under Section 12.101 authorizes the school
to operate such a program.
SECTION 9. Subchapter C, Chapter 30A, Education Code, is
amended by adding Section 30A.1011 to read as follows:
Sec. 30A.1011. DURATION OF APPROVAL STATUS; APPROVAL
MONITORING AND REPORTING. (a) An entity that is approved as an
electronic catalogue course provider may operate as an electronic
catalogue course provider for an initial authorization period
lasting until the end of the third full school year after the
approval.
(b) At the expiration of an initial authorization period,
the administering authority may approve an electronic catalogue
course provider for subsequent authorization periods using
eligibility criteria under Section 30A.101. A subsequent
authorization period may not be for less than three or more than 10
school years.
(c) Following the second full school year of an initial
authorization period, the administering authority shall review the
electronic catalogue course provider's activities and the academic
performance of the students enrolled in courses offered by the
provider using applicable accountability provisions under Chapter
39. If the electronic catalogue course provider does not comply
with applicable standards established by the commissioner, the
administering authority shall place the provider on probation. An
electronic catalogue course provider on probation:
(1) may continue to offer electronic courses for the
remainder of the authorization period;
(2) shall submit to the administering authority an
improvement plan in accordance with rules adopted by the
commissioner;
(3) shall publish on the provider's Internet website
its probationary status along with a copy of the improvement plan
submitted to the administering authority;
(4) may be removed from probation after the provider
is able to demonstrate to the administering authority the
provider's compliance with applicable accountability provisions
under Chapter 39; and
(5) must demonstrate compliance by the end of the
third year of the initial authorization.
(d) The commissioner may remove the approved status of an
electronic catalogue course provider on probation if the provider
does not comply with Subsection (c)(5). If the provider's approved
status is removed, the provider may not reapply until the third
anniversary of the date of removal.
(e) The administering authority shall continually monitor
and evaluate the electronic catalogue course provider in accordance
with performance standards established by the commissioner using
student academic performance as the main criterion.
SECTION 10. Section 30A.102, Education Code, is amended to
read as follows:
Sec. 30A.102. LISTING OF ELECTRONIC CATALOGUE
COURSES. (a) The administering authority shall:
(1) publish the criteria required by Section 30A.103
for electronic catalogue courses that may be offered through the
state virtual school network;
(2) using the criteria required by Section 30A.103,
evaluate electronic catalogue courses submitted by an electronic
catalogue course [a] provider [school district or school] to be
offered through the network;
(3) create a list of electronic catalogue courses
approved by the administering authority; and
(4) publish in a prominent location on the state
virtual school network's Internet website [provide public access
to] the list of approved electronic catalogue courses offered
through the network and a detailed description of the courses that
complies with Section 30A.108.
(b) To ensure that a full range of electronic catalogue
courses, including advanced placement courses, are offered to
students in this state, the administering authority:
(1) shall create a list of those subjects and courses
designated by the board under Subchapter A, Chapter 28, for which
the board has identified essential knowledge and skills or for
which the board has designated content requirements under
Subchapter A, Chapter 28;
(2) shall enter into agreements with electronic
catalogue course providers [school districts, open-enrollment
charter schools, and public or private institutions of higher
education] for the purpose of offering the courses through the
state virtual school network; and
(3) may develop or authorize the development of
additional electronic catalogue courses that[:
[(A) are needed to complete high school
graduation requirements; and
[(B)] are not otherwise available through the
state virtual school network.
(c) The administering authority shall develop a
comprehensive course numbering system for all electronic catalogue
courses offered through the state virtual school network to ensure,
to the greatest extent possible, consistent numbering of similar
courses offered across all electronic catalogue course providers.
SECTION 11. Subsections (a) and (c), Section 30A.1021,
Education Code, are amended to read as follows:
(a) The administering authority shall provide students who
have completed or withdrawn from electronic catalogue courses
[offered through the virtual school network] and their parents with
a mechanism for providing comments regarding the courses.
(c) The administering authority shall provide public access
to the comments submitted by students and parents under this
section. The comments must be in a format that permits a person to
sort the comments by teacher, electronic catalogue course, and
electronic catalogue course provider [school district or school].
SECTION 12. Subsection (a), Section 30A.103, Education
Code, is amended to read as follows:
(a) The board by rule shall establish an objective standard
criteria for an electronic catalogue course to ensure alignment
with the essential knowledge and skills requirements identified or
content requirements established under Subchapter A, Chapter
28. The criteria may not permit the administering authority to
prohibit course providers [provider school districts or schools]
from applying for approval for an electronic course for inclusion
as an electronic catalogue [a] course if [for which] essential
knowledge and skills have been identified for that course.
SECTION 13. The heading to Section 30A.104, Education Code,
is amended to read as follows:
Sec. 30A.104. COURSE ELIGIBILITY FOR INCLUSION IN STATE
VIRTUAL SCHOOL NETWORK [IN GENERAL].
SECTION 14. Subsections (a) and (b), Section 30A.104,
Education Code, are amended to read as follows:
(a) An electronic catalogue [A] course [offered through the
state virtual school network] must:
(1) be in a specific subject that is part of the
required curriculum under Section 28.002(a);
(2) be aligned with the essential knowledge and skills
identified under Section 28.002(c) for grade 3 through grade 12 [a
grade level at or above grade level three]; and
(3) be the equivalent in instructional rigor and scope
to a course that is provided in a traditional classroom setting
during:
(A) a semester of 90 instructional days; and
(B) a school day that meets the minimum length of
a school day required under Section 25.082.
(b) If the essential knowledge and skills with which an
electronic catalogue [approved] course is aligned in accordance
with Subsection (a)(2) are modified, the electronic catalogue
course provider [school district or school] must be provided the
same time period to revise the course to achieve alignment with the
modified essential knowledge and skills as is provided for the
modification of a course provided in a traditional classroom
setting.
SECTION 15. Subsections (a) and (b), Section 30A.1041,
Education Code, are amended to read as follows:
(a) A course provider [school district, open-enrollment
charter school, or public or private institution of higher
education] may seek approval to offer through the state virtual
school network the classroom portion of a driver education and
traffic safety course that complies with the requirements for the
program developed under Section 29.902.
(b) A course provider [school district, open-enrollment
charter school, or public or private institution of higher
education] may not offer through the state virtual school network
the laboratory portion of a driver education and traffic safety
course.
SECTION 16. Subsections (a), (a-1), (c), and (d), Section
30A.105, Education Code, are amended to read as follows:
(a) The administering authority shall:
(1) establish a [schedule for an annual] submission
and approval process for electronic catalogue courses that occurs
on a rolling basis; and
(2) evaluate electronic catalogue courses to be
offered through the state virtual school network[; and
[(3) not later than August 1 of each year, approve
electronic courses that:
[(A) meet the criteria established under Section
30A.103; and
[(B) provide the minimum instructional rigor and
scope required under Section 30A.104].
(a-1) The administering authority shall publish the
submission and approval process for electronic catalogue courses
[schedule] established under Subsection (a)(1), including any
deadlines [specified in that schedule,] and [any] guidelines
applicable to the [submission and approval] process [for electronic
courses].
(c) The agency shall pay the reasonable costs of evaluating
and approving electronic courses for inclusion as an electronic
catalogue course. If funds available to the agency for that purpose
are insufficient to pay the costs of evaluating and approving all
electronic courses submitted for evaluation and approval, the
agency shall give priority to paying the costs of evaluating and
approving the following courses:
(1) courses that satisfy high school graduation
requirements;
(2) courses that would likely benefit a student in
obtaining admission to a postsecondary institution;
(3) courses, including dual credit courses, that allow
a student to earn college credit or other advanced credit;
(4) courses in subject areas most likely to be highly
beneficial to students receiving educational services under the
supervision of a juvenile probation department, the Texas Juvenile
Justice Department [Youth Commission], or the Texas Department of
Criminal Justice; [and]
(5) courses in subject areas designated by the
commissioner as commonly experiencing a shortage of teachers; and
(6) courses in subject areas designated by the
commissioner as a high priority.
(d) If the agency determines that the costs of evaluating
and approving a submitted electronic course will not be paid by the
agency due to a shortage of funds available for that purpose, the
course provider [school district, open-enrollment charter school,
or public or private institution of higher education] that
submitted the course for evaluation and approval may pay a fee not
[equal] to exceed the amount of the costs in order to ensure that
evaluation of the course occurs. The agency shall establish and
publish a fee schedule for purposes of this subsection.
SECTION 17. Subchapter C, Chapter 30A, Education Code, is
amended by adding Section 30A.1052 to read as follows:
Sec. 30A.1052. INTERSTATE COURSE RECIPROCAL AGREEMENTS.
The commissioner shall adopt a process for approving reciprocal
agreements with agencies in other states to allow students residing
in this state to enroll through the state virtual school network in
electronic courses provided in other states. The process must
include provisions that ensure that:
(1) electronic courses provided in other states meet
electronic catalogue course eligibility guidelines under Section
30A.104; and
(2) each teacher of an electronic course provided in
another state:
(A) possesses certification credentials similar
to those required under Subchapter B, Chapter 21; and
(B) successfully completes the appropriate
professional development course provided under Section 30A.112 or
30A.1121 before teaching an electronic catalogue course.
SECTION 18. Section 30A.106, Education Code, is amended to
read as follows:
Sec. 30A.106. APPEAL TO COMMISSIONER. (a) An entity
seeking approval to act as an electronic catalogue course provider
or a course [A] provider seeking approval of an electronic course
[school district or school] may appeal to the commissioner the
administering authority's refusal to approve the entity as an
electronic catalogue course provider under Section 30A.101 or
approve an electronic catalogue course under Section 30A.105.
(b) If the commissioner determines that the administering
authority's evaluation did not follow the criteria or was otherwise
irregular, the commissioner may overrule the administering
authority and approve the course provider or place the course on a
list of approved electronic catalogue courses. The commissioner's
decision under this section is final and may not be appealed.
SECTION 19. The heading to Section 30A.107, Education Code,
is amended to read as follows:
Sec. 30A.107. OPTIONS FOR ELECTRONIC CATALOGUE COURSE
PROVIDERS AND STUDENTS.
SECTION 20. Subsection (a), Section 30A.107, Education
Code, is amended to read as follows:
(a) An electronic catalogue course [A] provider [school
district or school] may offer electronic catalogue courses to:
(1) students and adults who reside in this state; and
(2) students who reside outside this state and who
meet the eligibility requirements under Section 30A.002(c).
SECTION 21. Subsection (b), Section 30A.108, Education
Code, is amended to read as follows:
(b) Each report under this section must be updated not later
than the 30th day after the date an electronic course is approved
for inclusion as an electronic catalogue course and must describe
each electronic catalogue course [offered through the state virtual
school network] and must include information such as course
requirements and the school year calendar for the course, including
any options for continued participation outside of the standard
school year calendar.
SECTION 22. Subsection (a), Section 30A.111, Education
Code, is amended to read as follows:
(a) Each teacher of an electronic catalogue course offered
by an electronic catalogue course provider [a school district or
open-enrollment charter school through the state virtual school
network] must:
(1) be certified under Subchapter B, Chapter 21, to
teach that course and grade level; and
(2) successfully complete the appropriate
professional development course provided under Section 30A.112(a)
or 30A.1121 during the teacher's first year of [before] teaching an
electronic catalogue course [offered through the network].
SECTION 23. Section 30A.1121, Education Code, is amended to
read as follows:
Sec. 30A.1121. ALTERNATIVE EDUCATOR PROFESSIONAL
DEVELOPMENT. (a) Subject to Subsection (b), an electronic
catalogue course provider [a school district or open-enrollment
charter school] may provide professional development courses to
teachers seeking to become authorized to teach electronic catalogue
courses provided through the state virtual school network. An
electronic catalogue course provider [A district or school] may
provide a professional development course that is approved under
Subsection (b) to any interested teacher, regardless of [whether]
the teacher's employer [teacher is employed by the district or
school].
(b) The agency shall review each professional development
course sought to be provided by an electronic catalogue course
provider [a school district or open-enrollment charter school]
under Subsection (a) to determine if the course meets the quality
standards established under Section 30A.113. If a course meets
those standards, the electronic catalogue course provider
[district or school] may provide the course for purposes of
enabling a teacher to comply with Section 30A.111(a)(2).
SECTION 24. Section 30A.114, Education Code, is amended to
read as follows:
Sec. 30A.114. REGIONAL EDUCATION SERVICE CENTERS. The
commissioner by rule shall allow regional education service centers
to participate in the state virtual school network in the same
manner as electronic catalogue course providers [provider school
districts and schools].
SECTION 25. The heading to Section 30A.153, Education Code,
is amended to read as follows:
Sec. 30A.153. [FOUNDATION SCHOOL PROGRAM] FUNDING OF
ELECTRONIC COURSES.
SECTION 26. Section 30A.153, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) A school district or open-enrollment charter school in
which a student is enrolled is entitled to funding based on a
per-course amount under Chapter 42 for the student's enrollment in
an electronic catalogue course or other electronic course in which
a student has enrolled that is offered through the state virtual
school network in the same manner that the district or school is
entitled to funding for the student's enrollment in courses
provided in a traditional classroom setting, provided that the
student successfully completes the electronic course and without
respect to the setting in which the student participates in the
course.
(a-1) For a full-time electronic course program offered
through the state virtual school network for grades 3 through 12, a
school district or open-enrollment charter school is entitled to
receive state and local funding for a student enrolled in the
program in an amount equal to the funding the district or school
would otherwise receive for a student enrolled in the district or
school. The district or school may calculate the average daily
attendance of a student enrolled in the program based on:
(1) hours of contact with the student;
(2) the student's successful completion of a course;
or
(3) a method approved by the commissioner.
(b) The commissioner, after considering comments from
school district and open-enrollment charter school
representatives, shall adopt a standard agreement that governs
payment of funds and other matters relating to a student's
enrollment in an electronic catalogue course offered through the
state virtual school network. The agreement may not require a
school district or open-enrollment charter school to pay the
electronic catalogue course provider the full amount until the
student has successfully completed the electronic catalogue
course.
SECTION 27. The heading to Section 30A.155, Education Code,
is amended to read as follows:
Sec. 30A.155. FEES AND TUITION.
SECTION 28. Section 30A.155, Education Code, is amended by
amending Subsections (a), (a-1), (b), (c), and (c-1) and adding
Subsection (e) to read as follows:
(a) A school district or open-enrollment charter school in
which a student resides or is enrolled may charge a fee for
enrollment in an electronic catalogue course [provided through the
state virtual school network] to a student who resides in this state
and:
(1) is enrolled in the [a school] district or
[open-enrollment charter] school as a full-time student; and
(2) is enrolled in a course load greater than that
normally taken by students in the equivalent grade level in other
school districts or open-enrollment charter schools.
(a-1) A school district or open-enrollment charter school
in which a student resides or is enrolled may charge a fee for
enrollment in an electronic catalogue course provided [through the
state virtual school network] during the summer.
(b) A school district or open-enrollment charter school in
which a student resides or is enrolled shall charge a fee for
enrollment in an electronic catalogue course provided [through the
state virtual school network] to a student who resides in this state
and is not enrolled in a school district or open-enrollment charter
school as a full-time student.
(c) The amount of a fee charged a student under Subsection
(a), (a-1), or (b) for each electronic course in which the student
enrolls through the state virtual school network must be used to pay
the costs of the course provider through the agreement under
Section 30A.153 and may not exceed the lesser of:
(1) the cost of providing the course; or
(2) $400.
(c-1) A school district or open-enrollment charter school
that is not the electronic catalogue course provider [school
district or school] may charge a student enrolled in the district or
school a nominal fee, not to exceed the amount specified by the
commissioner, if the student enrolls in an electronic catalogue
course [provided through the state virtual school network] that
exceeds the course load normally taken by students in the
equivalent grade level. A juvenile probation department or state
agency may charge a comparable fee to a student under the
supervision of the department or agency.
(e) A school district or open-enrollment charter school in
which a student resides or is enrolled may charge tuition to a
student not enrolled in a public school who enrolls in an electronic
course provided by the district or school in an amount equal to the
per-course amount designated under Section 30A.153(a). If a
district or school accepts a tuition charge under this subsection,
the provider is not otherwise entitled to funding from any other
source for the student's enrollment in the course.
SECTION 29. Subchapter A, Chapter 32, Education Code, is
amended by adding Section 32.005 to read as follows:
Sec. 32.005. STUDY ON SCHOOL DISTRICT NETWORK CAPABILITIES.
(a) The commissioner shall conduct a study to assess the network
capabilities of each school district. The study must gather
sufficient information to determine whether the network
connections of a district and school campuses in the district meet
the following targets:
(1) an external Internet connection to a campus's
Internet service provider featuring a bandwidth capable of a
broadband speed of at least 100 megabits per second for every 1,000
students and staff members; and
(2) an internal wide area network connection between
the district and each of the school campuses in the district
featuring a bandwidth capable of a broadband speed of at least one
gigabit per second for every 1,000 students and staff members.
(b) The commissioner may solicit and accept gifts and grants
from any public or private source to conduct the study. The
commissioner may also cooperate or collaborate with national
organizations conducting similar studies.
(c) The commissioner shall complete the study not later than
December 1, 2014. This section expires December 1, 2015.
SECTION 30. The following provisions of the Education Code
are repealed:
(1) Subsection (b), Section 30A.002;
(2) Subsection (b), Section 30A.101, as amended by
Chapters 895 (House Bill No. 3) and 1328 (House Bill No. 3646), Acts
of the 81st Legislature, Regular Session, 2009; and
(3) Subsection (f), Section 30A.151.
SECTION 31. This Act applies beginning with the 2013-2014
school year.
SECTION 32. Section 30A.101, Education Code, as amended by
this Act, applies only to an entity that seeks to become a course
provider through the state virtual school network on or after the
effective date of this Act.
SECTION 33. Section 30A.1011, Education Code, as added by
this Act, applies only to an entity that becomes a course provider
through the state virtual school network on or after the effective
date of this Act.
SECTION 34. Not later than January 1, 2014, the
commissioner of education shall adopt a process for approving
reciprocal agreements as required by Section 30A.1052, Education
Code, as added by this Act.
SECTION 35. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.
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